How to Win Appeal Manual - Fourth Edition
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The How-To-Win Appeal Manual - Fourth Edition will give you a judge's-eye-view of the appellate process: what works and why, what destroys effective advocacy, and how you can better represent your clients on appeal. Ralph Adam Fine reveals how appellate judges, all over the country in state and federal courts, really decide cases, and how you can use that knowledge to win your appeal. In this lucid, step-by-step manual, Judge Fine explains and demonstrates how to write effective and persuasive briefs that will get the appellate judges to want you to win. You cannot afford to take or defend another appeal before you read The How-To-Win Appeal Manual!
• How Judges Decide Cases (and Why That is Important To You)
• Too Many Cases - What the Heavy Appellate Caseloads Mean to You (and How You Can Get Your Briefs Noticed)
• The Brief
• How to Give the Judges the Tools to Decide Your Way
• The Keys to Writing an Effective and Persuasive Brief
• Be Honest and Forthright
• How to Make the Bad Facts Work for You
• How to Write a Powerful and Persuasive "Question Presented"
• How to Pick Your Best Issues (and Why This is Crucial)
• How to Write a Powerful and Persuasive "Statement of Facts" That Will Make the Court Want You to Win
• How to Write a Powerful and Persuasive "Summary of Argument"
• How to Make the Statutes Relevant to Your Case Work For You
• How to Write a Forceful and Persuasive "Argument"
• How to Make the "Statement of the Case" Clear
• The Real Role of the "Conclusion"
• How the Appendix Can Help You Win
• Why You Should Always File a Reply Brief If You are the Appellant (and How to Use it to Nail Down Your Win)
• The Secrets of a Winning Oral Argument
• "Standards of Review" Dangers and Opportunities: How to Make Them Tools for Victory
• How to Avoid the "Black Hole of Waiver"
• Why the Typical Appellate Brief is Suicidal (and What you can do to Avoid Common but Deadly Traps)
• How to Use Unpublished Decisions
• Advocacy in the Real World: A Step-by-Step Analysis of Briefs in Two Real Cases ( A Civil Appeal and a Criminal Appeal)
• Learn What Appellate Judges Like and What They Hate
• Practice Analyzing Issues to Come up with Winning Themes
• Practice Honing-in on Your Most Powerful Points (and How to Avoid the Traps that Snare Other Lawyers)
• Practice Crafting a Winning, Powerful Brief That Judges Will Love to Read
Ralph Adam Fine was a Judge on the Wisconsin Court of Appeals from 1988 to 2015. He served as a trial judge from 1979 to 1988, and presided over more than 350 jury trials. He was the presiding judge in the PBS Frontline production Inside the Jury Room, which was the first time jury deliberations in a criminal trial were filmed and broadcast. Judge Fine has taught trial-advocacy, evidence, and appellate-advocacy at over 150 continuing legal education programs around the country, at in-house trial-advocacy programs to law-firm litigation departments, and as Professorial Lecturer in Law at the George Washington University National Law Center in Washington, D.C. In January of 1995, the University of Virginia School of Law honored Judge Fine with the Honorable William J. Brennan, Jr., Award for his contributions to the teaching of trial advocacy.
Judge Ralph Adam Fine is the author of The How-To-Win Trial Manual - 5th Edition , as well as the annually supplemented Fine's Wisconsin Evidence, which Judge Jack B. Weinstein, original co-author of Weinstein's Federal Evidence, called "probably the best single-volume state treatise on the subject that I have seen." Judge Fine is also a senior contributing editor and reporter for the four-volume treatise Evidence in America (Lexis); and a contributing editor of the ABA publication Emerging Problems Under The Federal Rules of Evidence (Lexis 3d ed.). He has analyzed legal issues on 60 Minutes, Nightline, and PBS's The NewsHour.
"On the basis of a just cursory examination of the contents of one chapter, I have little doubt that it would be a worthy text for any law school course in appellate advocacy. I have now completed my reading of the Manual and most definitely retain that belief. If only the hosts of lawyers who appeared before me during my almost 20 years on the AEC/NRC Appeal Panel had had access to this work and then the good sense to follow the advice contained therein. My congratulations on a truly exceptional and extremely useful piece of work."
-Alan S. Rosenthal, Long-time Administrative and Appellate Judge with the Atomic Energy Commission and Nuclear Regulatory Commission
"Wish all of my lawyers got a chance to study it."
- Honorable Alex Kozinski, Chief Judge, United States Court of Appeals for the Ninth Circuit
"This is a useful guidebook. It is not the first book on appeals written by an appellate judge, but it is a good one. Overall, this is a good buy. You might want later to pass it on to a younger lawyer."
- The Appellate Practice Journal, (Section of Litigation, American Bar Association)